NOVEL OPIOID CONTROL ACT OF 2023.

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View NCGA Bill Details2023-2024 Session
House Bill 258 (Public) Filed Wednesday, March 1, 2023
AN ACT TO UPDATE THE STATE CONTROLLED SUBSTANCES ACT; TO INCREASE THE FINE IMPOSED ON PERSONS CONVICTED OF TRAFFICKING IN HEROIN, FENTANYL, OR CARFENTANIL; TO MODIFY THE OFFENSE OF DEATH BY DISTRIBUTION TO INCLUDE THE UNLAWFUL DELIVERY AND INGESTION OF CERTAIN CONTROLLED SUBSTANCES THAT PROXIMATELY CAUSES THE DEATH OF A PERSON AND TO INCREASE THE PUNISHMENTS FOR A PERSON WHO COMMITS THE OFFENSE OF DEATH BY DISTRIBUTION; TO ADD POSSESSION OF LESS THAN ONE GRAM OF ANY CONTROLLED SUBSTANCE TO THE LIST OF OFFENSES FOR WHICH LIMITED IMMUNITY FROM PROSECUTION APPLIES FOR AN INDIVIDUAL WHO SEEKS MEDICAL ASSISTANCE; AND TO CREATE THE TASK FORCE ON ENFORCEMENT OF FENTANYL AND HEROIN DRUG VIOLATIONS.
Intro. by Blackwell, Arp, Lambeth, Sasser.
Status: Re-ref Com On Rules and Operations of the Senate (Senate action) (Jun 26 2023)

SOG comments (1):

Long title change

Submitted by ddecamillis@sog... on

Senate committee substitute to the 2nd edition changed the long title. Original title was AN ACT TO UPDATE THE STATE CONTROLLED SUBSTANCES ACT.

Bill History:

H 258

Bill Summaries:

  • Bill H 258 (2023-2024)
    Summary date: Jun 22 2023 - View Summary

    Senate committee substitute to the 2nd edition makes the following changes. 

    Changes the effective date of the existing provisions of the act from July 1, 2023, to August 1, 2023. 

    Adds the following content.

    Section 2

    Amends GS 90-95 (pertaining to penalties for certain opioid-related crimes) to set forth higher monetary fines for violations of trafficking in opium, opiate, opioid, or heroin as follows. If the amount is between 4 and 14 grams (a Class F felony) and the controlled substance is heroin, fentanyl, or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances, increases fine to $500,000. Fine remains no less than $50,000 for any other controlled substance violations under GS 90-95 that would be classified as a Class F felony. If the amount is between 14 and 28 grams (a Class E felony) and the controlled substance is heroin, fentanyl, or carfentanil, or any salt, compound, derivative, or preparation thereof, or any  mixture containing any of these substances, increases fine to $750,000. Fine remains no less than $100,000 for any other controlled substance violations under GS 90-95 that would be classified as a Class E felony. If the amount is 28 grams or more (a Class C felony) and the controlled substance is heroin, fentanyl, or carfentanil, or any salt, compound, derivative, or preparation thereof, or any mixture containing any of these substances, increases fine to $1 million. Fine remains no less than $500,000 for any other controlled substance violations under GS 90-95 that would be classified as a Class C felony.  Effective December 1, 2023, and applies to offenses committed on or after that date.

    Section 3

    Enacts new subsection GS 14-18.4(a1), setting forth offense of death by distribution through unlawful delivery of certain controlled substances as a Class C felony when (1) the person unlawfully delivers at least one certain controlled substance, (2) the ingestion of the certain controlled substance or substances causes the death of the user, and (3) the unlawful delivery of those controlled substance(s) proximately caused the victim’s death. Sets forth separate offense of death by distribution through unlawful delivery with malice of certain controlled substances as a Class B2 felony when the person meets the three elements discussed above, but also acts with malice, enacted as GS 14-14.4(a2).

    Amends GS 14-18.4(b) to change name of subsection title to Death by Distribution Through Unlawful Sale of Certain Controlled Substances, and GS 14-18.4(c) to change name of subsection title to Aggravated Death by Distribution Through Unlawful Sale of Certain Controlled Substances. Makes conforming changes throughout to reflect new title changes. (Currently, subsections are entitled Death by Distribution of Certain Controlled Substances, and Aggravated Death by Distribution of Certain Controlled Substances, respectively.) Deletes the requirement that the person did not act with malice as an element of each offense. For Aggravated Death by Distribution through Unlawful Sale of Certain Controlled Substances and other offenses, increases the lookback time for previous identical or similar convictions from 7 years to 10 years.  Specifies that violation of GS 14-18.4(b) is a Class B2 felony (was, Class C), and violation of GS 14-18.4(c) is a Class B1 felony (was, B2).

    Amends GS 14-17 as follows. Deletes language making it second degree murder and a Class B2 felony if the murder is one that was proximately caused by the unlawful distribution of any opium, opiate, or opioid; any synthetic or natural salt, compound, derivative, or preparation of opium, opiate, or opioid; cocaine or other substance described as a Schedule II controlled substance in GS 90-90(1)d.; methamphetamine; or a depressant described as a Schedule IV controlled substance in GS 90-92(a)(1), and the ingestion of such substance caused the death of the user. Makes conforming changes to account for deletion.  

    Effective December 1, 2023, and applies to offenses committed on or after that date.

    Section 4

    Amends GS 90-96.2, the Good Samaritan law’s grant of limited immunity, by granting limited immunity from prosecution under GS 90-95 for a person who has possession of less than one gram of any controlled substance (was, only less than one gram of cocaine or heroin). Applies to offenses committed on or after December 1, 2023.

    Section 5

    Creates a Task Force on Enforcement of Fentanyl and Heroin Drug Violations (Task Force), consisting of specified individuals, to study ways to enhance the ability of law enforcement throughout the State to combat the illegal manufacturing, importation, and distribution of fentanyl, heroin, and other similar controlled substances. Specifies composition of Task Force membership. Specifies meeting and quorum requirements. Allows for meeting space, per diem, and necessary travel and subsistence expenses for Task Force members. Specifies that legislative staff may be made available to assist the Task Force upon the approval of the Legislative Services Commission. Requires the Task Force to submit an interim report to the 2023 General Assembly when it reconvenes in 2024 and a final report, including findings and recommendations, to the 2025 General Assembly.  Specifies that the Task Force terminates after filing its final report.  

    Makes conforming changes to the act's title.

    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Health and Human Services, Health, Public Health
    STUDY, GS 14, GS 90
  • Bill H 258
    Summary date: Mar 14 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes. Removes proposed change to GS 90-89-9(3)v.  Amends proposed definition of Nitazene derivatives under GS 90-89 by including a fused heterocyclic ring which may be further substituted as one of the things that replaces the 2’-methylene carbon group.  Makes organizational changes. Changes the act’s effective date from when it becomes law to is July 1, 2023, and applies to offenses committed on or after that date.

    Health and Human Services, Health, Public Health
    GS 90
  • Bill H 258 (2023-2024)
    Summary date: Mar 1 2023 - View Summary

    Expands the definition of opiates under GS 90-89 (listing Schedule I controlled substances) to include 45 additional chemical designations. Amends GS 90-89(1a) to change the alternative names for certain fentanyl derivatives. Amends GS 90-89 to enact new subdivision GS 90-89(1b) to include Nitazene derivatives as a Schedule I controlled substance including any of the specified derivatives, their salts, isomers, or salts of isomers unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical  supervision, or for research at a recognized institution, whenever the existence of these salts, isomers, or salts of isomers is possible within the specific chemical designation or unless specifically excepted or listed in this or another schedule, structurally derived from benzimidazole by substitution at the 1-position nitrogen with an ethylamine group, and by substitution at the 2-position carbon with a benzyl group, whether or not the compound is further modified in any of specified ways. 

    Revises GS 90-89(3)v (pertaining to Schedule I hallucinogenic substances) to read “bromo-2, 5-dimethoxyamphetamine” (currently, 4-bromo-2, 5-dimethoxyamphetamine) and GS 90-89(3)(mm) to read “5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT)” (currently, 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT)).

    Expands scope of substituted cathinones as Schedule I substance under GS 90-89(5)j to include cycloalkyl.   

    Amends GS 90-89(7) (synthetic cannabinoids) to conform to statutory list. Amends GS 90-89(7)(n), synthetic cannabinoids, to add four additional groups and GS 90-89(7)(o) to delete reference to APINCACA as a substance included in the definition. 

    Amends GS 90-90(2)h1 (pertaining to Schedule II controlled substances that are opioids/opiates) to read as follows: fentanyl immediate precursor chemical 4-anilino-N-phenethylpiperdine (ANPP). (Currently, Fentanyl immediate precursor chemical, 4-anilino-N-phenethyl-4-piperidine (ANPP)). Amends GS 90-91(k)11 (Schedule III controlled substances that are anabolic steroids) to change listing to Dehydrochloromethyltestosterone (currently, Dehydrochlormethyltestosterone) and GS 90-91(k)16 to Mesterolone (currently, Mesterolene).

    Health and Human Services, Health, Public Health
    GS 90
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